Category: Orthopedic Surgery Expert Witness
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Medical Expert Witnesses’ Testimony about Plaintiff’s Damages and Personal Injuries Limited
This lawsuit arises from a minor automobile accident that occurred at approximately 1:30 p.m. on October 9, 2020, in Española, New Mexico. Plaintiff Charles Hartung (“Plaintiff”) was a passenger in a four-door GMC pickup operated by his friend Ralph Andrew, Sr. Plaintiff. Gommert, a salesman employed by McLane, entered the road from an adjacent gas…
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Testimony of Orthopedic Surgery Expert Witness Excluded due to Lack Of Evidence About His Methods
A district judge in New Mexico struck the testimony of Defendant’s orthopedic surgery expert witness Paul Saiz due to lack of a record discussing the reasoning or methodology underlying his testimony. Plaintiff’s injuries and damages in this case resulted from an automobile accident on July 11, 2021, in Grant County, New Mexico. At that time,…
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Biomechanics Expert Witness Allowed to Testify Despite not Visiting the Accident Scene
On August 28, 2019, Plaintiff Annie Perrone (“Plaintiff”) commenced this diversity action against Catamount Ski Resort, LLC (“Catamount Ski Resort”) and Catamount Development Corporation (“Catamount Development”; together with Catamount Ski Resort, “Catamount” or “Defendants”) alleging negligence and gross negligence in connection with injuries Plaintiff suffered while skiing at Catamount Ski Area. Plaintiff and Defendants each…
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Orthopedic Surgery Expert Witness Testimony on Medical Causation Admitted
James Maples, the Plaintiff, filed a lawsuit against Union Pacific Railroad Company, Inc., the Defendant, under the Federal Employers’ Liability Act (“FELA”), alleging on-the-job injuries stemming from when a wheel broke and detached from the utility vehicle he operated. Union Pacific acknowledged responsibility for the wheel detaching from the utility vehicle but disputed that it caused…
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Mechanical Engineering Expert Witness Opinions on Slipperiness of Shower Floor Admitted
The case involved the Plaintiff, Anthony Cladd who fell and suffered injuries while using a shower stall at a truck stop owned by the Defendant, TA Operating, LLC. The Plaintiff asserted that the fall and injuries were a result of the shower stall being unsafe, and claimed that the Defendant breached a duty of care…
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Court admits the opinions presented by the Defense Medical Expert Witnesses after analyzing the Plaintiff’s Medical Records
This case involved a personal injury lawsuit filed by Plaintiff, Morgan Fitch against her employer, Defendant, BNSF Railway Company (BNSF), under the Federal Employers’ Liability Act (FELA). On February 28, 2020, the Plaintiff was fulfilling her duties as a conductor for the Defendant, engaged in the transportation of a train from Minot, North Dakota to…
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Court admits the deficient report of Orthopedic Surgery Expert Witness despite non-compliance with the requirements of Rule 26 but subjects it to lesser sanctions
Plaintiff Valerie Peterson filed a personal injury lawsuit against Defendant Ross Dress for Less, Inc. in the United States District Court for the Eastern District of Missouri. Peterson alleged that on July 6, 2020, while shopping at a Ross Dress for Less store in Poplar Bluff, Missouri, she was struck by an overloaded shopping cart…
